Order of the President of the General Court of 21 June 2022 –Ismailova v Council (Case T‑234/22 R)
Grade B
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Not the law itself: Judgment
Address https://gelex.eu/eli/EU/judgment/62022TO0234_INF@2022-06-21/en
1. Interim reliefSuspension of operation of a measureInterim measuresConditions for grantingPrima facie caseUrgencySerious and irreparable damageCumulative natureBalancing of all the interests involvedOrder of examination and method of verificationDiscretion of the court hearing the application for interim relief (Arts 256(1), 278 and 279 TFEU; Rules of Procedure of the General Court, Art. 156(4)) (see paragraphs 14-17)
2. Interim reliefAdmissibility criteriaApplicationFormal requirementsStatement of the pleas establishing a prima facie case for granting the measures sought (Arts 278 and 279 TFEU; Rules of Procedure of the General Court, Art. 156(4)) (see paragraphs 18-20)
3. Interim reliefSuspension of operation of a measureInterim measuresConditions for grantingPrima facie caseUrgencyCumulative natureParticularly strong prima facie caseNo impact on the obligation to examine urgency separately (Arts 278 and 279 TFEU; Rules of Procedure of the General Court, Art. 156(4)) (see paragraph 32)
4. Interim reliefSuspension of operation of a measureConditions for grantingPrima facie casePrima facie examination of the pleas in law put forward in support of the main actionAction against restrictive measures taken in view of the situation in UkraineRestriction of property rights and freedom of enterpriseBreach of principle of proportionalityPrima facie absence (Art. 21 TEU; Council Decision 2014/145/CFSP, as amended by Decisions (CFSP) 2022/329 and (CFSP) 2022/528; Council Regulations No 269/2014, as amended by Regulation 2022/330, and 2022/581) (see paragraphs 34-38)
5. Interim reliefSuspension of operation of a measureConditions for grantingBalancing of all the interests involvedRestrictive measures taken having regard to the situation in UkraineDecision to freeze fundsPersons or entities actively supporting, materially or financially, Russian decision-makers responsible for the annexation of Crimea or the destabilisation of Ukraine and persons associated with themInterests pursued by the Council prevailing over the interests of the applicant (Art. 3(1) and (5) TEU; Art. 278 TFEU; Rules of Procedure of the General Court, Arts 151(2) and 156(4); Council Decision 2014/145/CFSP, as amended by Decisions (CFSP) 2022/329 and (CFSP) 2022/582; Council Regulations No 269/2014, as amended by Regulation 2022/330, and 2022/581) (see paragraphs 42, 44-51)
Operative part
1. The application for interim relief is dismissed.
2. The costs are reserved.